Recently my colleague Diana blogged on a minimum evidentiary threshold case called Graham v McNally Estate and Blais, 2024 ONSC 4006. Today I blog on the costs endorsement following said decision.

Following the motion, the respondent, who was entirely successful, sought costs on a partial indemnity scale totaling $30,700. In reducing the award to $22,000, Madam Justice S. Corthorn made the following comments about the respondent’s Bill of Costs:

• It was unreasonable to allow ten hours of time for an articling student, at $200 per hour, to prepare questions for cross-examination on an affidavit of a modest length, when that student did not conduct the cross-examination.
• Fees were excluded for work done by a law clerk, as there was no explanation as to whether that individual was a licensed paralegal, completed a law clerk course at a post-secondary institution, or was an experienced assistant who carried out both administrative and legal work. Her Honour referenced Vriend v. Vriend, 2024 ONSC 4015, at paras. 49-61, regarding work done by non-lawyer timekeepers.

• Her Honour accepted the applicant’s submissions that the hourly rate of her own lawyer was more reasonable than that of the respondent’s lawyer, given their respective years of call.  

• Some work was duplicated by multiple timekeepers. 

This decision is a reminder that a costs award to an entirely successful party on a partial indemnity scale is always subject to the discretion of the court.  

Thank you for reading and enjoy the weekend.

James